Mr Simon Faull Our Ref: CN/NHS Date: 16 February 2012 Dear Mr Faull, Thank you for your email

of 14th February. Im afraid there is a great deal of confusion about what the NHS risk register is, some of it unfortunately engendered deliberately by lobbying organisations. Risk registers are standardly produced internal management documents within government departments, and are not released, partly because they may contain commercially sensitive information, and partly because they enable civil servants to discuss with ministers worst-case examples and necessary steps to mitigate them. In this respect, the one produced by the Department of Health is no different to any other, despite attempts to portray it as something both sinister and damning. There is a very strong argument that internal discussions in the process of policy formation should not be open to scrutiny, because it would prevent frank exchanges with the civil service which are necessary if policy is to be effectively produced. This is recognised in Freedom of Information legislation. In this instance much of the information is in any case available in full in the impact assessment documents which accompanied publication of the current legislation, and in addition in a specific statement made to the House of Lords by the Health Minister. I also note the hypocritical position of a shadow Secretary of State demanding the publication of a document which he personally prevented being revealed when in government. The vote next week can therefore, Im afraid, only be considered shallow opportunism on the part of the opposition. Yours sincerely, David Heath CBE MP